[House Report 110-119]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-119
======================================================================
ADVANCE DEMOCRATIC VALUES, ADDRESS NONDEMOCRATIC COUNTRIES, AND ENHANCE
DEMOCRACY ACT OF 2007 OR THE ADVANCE DEMOCRACY ACT OF 2007
_______
May 2, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Lantos, from the Committee on Foreign Affairs, submitted the
following
R E P O R T
[To accompany H.R. 982]
[Including cost estimate of the Congressional Budget Office]
The Committee on Foreign Affairs, to whom was referred the
bill (H.R. 982) to promote democratic values and enhance
democracy, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
TABLE OF CONTENTS
Page
Summary.......................................................... 2
Background and Purpose........................................... 2
Hearings......................................................... 4
Committee Consideration.......................................... 4
Votes of the Committee........................................... 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 5
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 7
Constitutional Authority Statement............................... 8
New Advisory Committees.......................................... 8
Congressional Accountability Act................................. 8
Earmark Identification........................................... 8
Section-by-Section Analysis and Discussion....................... 8
Changes in Existing Law Made by the Bill, as Reported............ 17
Summary
The ADVANCE Democracy Act of 2007 establishes in law a
framework to strengthen and institutionalize the promotion of
democracy within the State Department. By doing so, H.R. 982
continues efforts by the Committee to reform the ways the
Department of State carries out its responsibilities in
promoting democracy and protecting human rights. The Committee
recognizes that there are a number of talented and dedicated
career State Department officials who focus their talents and
energy on democracy promotion, and that the Department has
taken a number of steps consistent with H.R. 982 and its
predecessor legislation. However, the Committee believes these
efforts could be strengthened by further institutional reforms
and a greater focus on developing strategies for the protection
of human rights and the promotion of democracy. In this sense,
H.R. 982 is a congressional response to the President's
pronouncements on democracy and the Secretary of State's
efforts to change the State Department through her
Transformational Diplomacy Initiative.
Background and Purpose
Since the beginning of the republic, the United States and
its citizens have aspired to the highest ideals of government,
and from quite early on became involved in human rights issues,
such as the international slave trade and the working
conditions of Chinese railroad workers. The pursuit of
democracy, human rights, and freedom has since become part of
the mainstream our nation's foreign policy, with a long and
distinguished set of proponents from every part of the
political spectrum, including Presidents Woodrow Wilson,
Franklin Delano Roosevelt, Jimmy Carter, Ronald Reagan, and the
current President Bush. While this aspect of U.S. foreign
policy often has to coexist with other foreign policy
objectives, it nonetheless has made its mark throughout the
20th century. Unfortunately, at times those who advocate for
``democracy promotion'' and those who argue for ``human rights
protection'' see these goals as different. In reality, a
benevolent dictator can allow any number of human rights to
flourish, yet those may be snatched at any moment because of
the lack of democratic protections. Similarly, a democracy
cannot realize its full potential unless human rights such as
the freedom of the press, the freedom of association, and other
rights are fully protected.
The Committee notes that democracy is increasingly seen as
a key part of the international system as reflected by the
unanimous votes at the United Nations Commission on Human
Rights and in the United Nations General Assembly affirming the
right to democracy as a human right. Beginning in 2002,
Congress began trying to focus the Department of State
increasingly on being more active in furthering this trend in
the Freedom Investment Act of 2002, which started both
institutional reforms and a requirement for greater strategic
focus that are continued in this Act.
In many ways this increasing focus on democracy has met
with success. Over the past three decades, the number of fully
democratic countries has more than doubled, from 41 to 89,
while the number of countries governed by a dictator or a
totalitarian government has decreased by 37 percent, often as a
result of nonviolent resistance by the peoples of such
countries, aided by support from democratic countries.
According to the annual Freedom in the World report published
by Freedom House (an annual comparative assessment of the state
of political rights and civil liberties in 192 countries and 18
related and disputed territories), 75 percent of the population
of the world currently lives in countries categorized as
`entirely free' or `partly free,' as opposed to only 57 percent
in 1973. These changes have been achieved in part through
sustained and comprehensive efforts by democratic countries,
including the United States and the democratic countries of
Europe, to support dissidents, human rights advocates and
democracy activists in non-democratic countries. However, a
loss of focus, a failure to prepare for potential changes in
regimes, and less focus on supporting countries already on the
path to democracy has led to missed opportunities and
``backsliding'' toward authoritarianism in some democratic
transition countries.
With President Bush's second inaugural address, the war in
Iraq, and the 2006 elections in the West Bank and Gaza, the
public has paid greater attention to policies related to
promoting democracy and the appropriate roles and mechanisms
for the United States policy to spreading democracy abroad. So-
called ``realists'' have sometimes triumphantly declared that
electoral democracy cannot develop in certain parts of the
world or in certain cultures. And certain democracy and human
rights advocates, while concerned with what they perceive as
the aggressive nature of the Administration's ``Freedom
Agenda,'' fear a counter reaction by the public against
traditional U.S. foreign policy values.
The ADVANCE Democracy Act is designed to help ensure that
the moral compass in U.S. foreign policy remains strong. It
provides for reforms that will make democracy promotion more
effective, helps to ensure that U.S. programs focus on a long-
term commitment to the growth and maturation of democratic
institutions, and seeks to bridge differences between human
rights and democracy promotion advocates. The ADVANCE Democracy
Act of 2007:
(1) Requires the Secretary to develop long-term
strategies for democracy promotion and human rights
protection for non-democratic and democratic transition
countries and countries where there are severe human
rights violations;
(2) Requires that such strategies be developed with
individuals and groups from each particular country
that support democratic values and that such strategies
be carried out with our friends and allies around the
world, including like-minded countries and
international organizations;
(3) Requires training on democracy promotion and
human rights protection throughout the careers of
Foreign Service officers and other State Department
employees;
(4) Creates financial and promotion incentives for
employees who excel in democracy promotion and human
rights protection; and
(5) Requires that Ambassadors and other senior
members of the Foreign Service do more to reach out to
foreign audiences and engage robustly with government
officials, foreign media, non-governmental
organizations, and students to have serious discussions
about U.S. foreign policy, in particular democracy and
human rights.
The ADVANCE Democracy Act of 2007 also contains a number of
other additional reforms, such as declaring democracy promotion
and human rights protection to be fundamental foreign policy
objectives of the United States, requiring an office for
emerging activists to contact, providing for the collection of
information on actions by and assets of leaders of non-
democratic countries, requiring the establishment of a web site
for activists, differentiating between non-governmental
organizations and contractors as mechanisms for the delivery of
U.S. democracy assistance, and fostering more multilateral
cooperation on democracy promotion.
The ADVANCE Democracy Act of 2007 represents several years
of discussion with outside activists, democracy practitioners,
and the Department of State. It builds on the adoption by the
House of an earlier version of the legislation, which prompted
the Department of State to initiate a series of internal
reforms, some of which are reflected in H.R. 982.
Hearings
In the 109th Congress, as part of assessing previously
introduced legislation, the Committee held a number of hearings
on democracy and human rights. On May 5, 2005, the Committee
held a hearing entitled, ``Promoting Democracy through
Diplomacy,'' on February 16, 2006, the Committee heard from
Secretary Rice on her Transformational Democracy Initiative,
and on March 2, 2006, the Committee held a hearing entitled,
``U.S. Policy Toward the Palestinians in the Aftermath of the
Parliamentary Elections.'' On June 21, 2006, the Committee
heard from Administration witnesses during a hearing entitled,
``Democracy in Latin America, Successes, Challenges and the
Future,'' and on February 7, 2007, the Committee received an
update from the Secretary of State on the Department's
Transformational Diplomacy Initiative. On March 29, 2007, the
Committee heard from former Assistant Secretaries of State for
Democracy, Human Rights and Labor Harold Koh and John Shattuck
regarding the most recent Country Reports on Human Rights
Practices, which included discussion of H.R. 982.
Committee Consideration
The Committee marked up H.R. 982 on March 27, 2007, and
reported the bill favorably to the House by voice vote, a
quorum being present.
Votes of the Committee
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee notes that there
were no recorded votes during consideration of H.R. 982.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c) (2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 1678, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under Section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 29, 2007.
Hon. Tom Lantos, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 982, the ADVANCE
Democracy Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte, who can be reached at 226-2840.
Sincerely,
Peter R. Orszag.
Enclosure
cc:
Honorable Ileana Ros-Lehtinen
Ranking Member
H.R. 982--ADVANCE Democracy Act of 2007
SUMMARY
H.R. 982 would authorize the appropriation of funds for the
Human Rights and Democracy Fund which is administered by the
Department of State. In addition, it would authorize the
appropriation of funds for grants to the United Nations
Democracy Fund and the International Center for Democratic
Transition. Finally, it would authorize the department to hire
additional staff and participate in a fellowship program to
promote democracy.
CBO estimates that implementing H.R. 982 would cost $29
million in 2008 and about $150 million over the 2008-2012
period, assuming appropriation of the specified and estimated
amounts. The bill also would allow the Human Rights and
Democracy Fund to receive and spend gifts and donations, but
CBO estimates this provision would have no significant effect
on direct spending and receipts.
H.R. 982 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 982 is shown in the
following table. The costs of this legislation fall within
budget function 150 (international affairs).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\
Democracy Programs 65 75 1 0 0
Estimated Authorization Level
Estimated Outlays 26 46 30 16 11
Other Programs 4 4 4 4 4
Estimated Authorization Level
Estimated Outlays 3 4 4 4 4
Total Changes 69 79 5 4 4
Estimated Authorization Level
Estimated Outlays 29 50 34 20 15
----------------------------------------------------------------------------------------------------------------
\1\ Enacting H.R. 982 also could affect revenues and direct spending, but CBO estimates that any such effects
would be less then $500,000 a year.
BASIS OF ESTIMATE
CBO estimates that implementing H.R. 982 would cost $29
million in 2008 and about $150 million over the 2008-2012
period, assuming appropriation of the specified and estimated
amounts. The bill would also allow the Human Rights and
Democracy Fund to receive and spend gifts and donations, but
CBO estimates this provision would have no significant effect
on direct spending and receipts.
Spending Subject to Appropriation
H.R. 982 would authorize the appropriation of an estimated
$69 million in 2008 and about $160 million over the 2008-2012
period for programs and grants to promote democracy around the
world. For this estimate, CBO assumes that this legislation
will be enacted near the start of fiscal year 2008, that the
specified and estimated authorization amounts will be
appropriated near the start of each fiscal year, and that
outlays will follow historical spending patterns for existing
and similar programs.
Democracy Programs. Section 302 would authorize the
appropriation of $50 million in 2008 and $60 million in 2009
for the Human Rights and Democracy Fund, a fund that the
Department of State uses to promote human rights and democracy
around the world. Based on historical spending patterns, CBO
estimates that implementing this section would cost $11 million
in 2008 and $99 million over the 2008-2012 period, assuming
appropriation of the authorized amounts.
Section 203 would authorize the appropriation of such sums
as may be necessary for 2008 and 2009 for a contribution to the
United Nations Democracy Fund. In its budget request for 2008,
the Department of State has requested $14 million for such a
contribution and CBO expects that such an amount for both 2008
and 2009 would be sufficient to meet the purposes of this
authorization. CBO estimates that implementing this section
would cost $14 million in 2008 and $28 million over the 2008-
2009 period, assuming appropriation of the necessary amounts.
Section 202 would authorize the appropriation of $1 million
in 2008, 2009, and 2010 for a grant to the International Center
for Democratic Transition. This center is located in Budapest,
Hungary, and works to help countries make the transition from
dictatorship to democracy. CBO estimates that implementing this
section would cost $3 million over the 2008-2010 period,
assuming appropriation of the authorized amounts.
Other Provisions. Section 101 would authorize the
appropriation of such sums as may be necessary for the
Secretary to hire Democracy Liaison Officers to promote the
transition of nondemocratic and partly democratic countries to
democracy. Based on information from the department, CBO
estimates that 12 such positions would be created, at an annual
cost of $3 million (including the costs of overseas travel and
housing expenses), assuming appropriation of the estimated
amounts.
Section 103 would authorize a Democracy Fellowship Program
to place employees of the State Department in positions at
congressional committees and nongovernmental organizations that
work on democracy issues. It would authorize the appropriation
of such sums as may be necessary for this purpose. Based on
information from the department, CBO estimates that five
fellows would participate each year in this program. Including
administrative expenses, CBO estimates this provision would
cost $1 million a year, assuming appropriation of the estimated
amounts.
Finally, the bill contains some reporting requirements
which CBO estimates would cost less than $500,000 a year in
aggregate, assuming appropriation of the necessary amounts.
Direct Spending and Revenues
Section 302 would allow the Human Rights and Democracy Fund
to accept and spend gifts and donations, but CBO estimates this
provision would have no significant effect on direct spending
and receipts.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 982 contains no intergovernmental or private-sector
mandates as defined in UMRA and would not affect the budgets of
state, local, or tribal governments.
Performance Goals and Objectives
Pursuant to clause (3)(c) of House rule XIII, upon
enactment of this legislation, the Department of State should
start developing long-term, multiyear democracy promotion and
human rights protection strategies for nondemocratic countries
and democratic transition countries as well as countries where
there are severe human rights violations. There should be a
measurable increase in the number of hours of training in human
rights and democracy promotion that members of the Foreign
Service receive.
Constitutional Authority Statement
Pursuant to clause 3(d) (1) of rule XIII of the Rules of
the House of Representatives, the Committee finds the authority
for this legislation in article I, section 8 of the
Constitution.
New Advisory Committees
H.R. 982 does not establish or authorize any new advisory
committees.
Congressional Accountability Act
H.R. 982 does not apply to the Legislative Branch.
Earmark Identification
H.R. 982 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI. Section 202 contains an
authorization for a grant to the International Center for
Democratic Transition, an organization endorsed by the
Community of Democracies at its 2006 Ministerial meeting and
supported by the Department of State.
Section-by-Section Analysis and Discussion
Section 1. Short Title.
This section states that the act may be referred to as the,
``Advance Democratic Values, Address Nondemocratic Countries,
and Enhance Democracy Act of 2007,'' or the ``ADVANCE Democracy
Act of 2007.''
Section 2. Table of Contents.
This section provides the table of contents for the Act.
Section 3 Findings.
This section contains congressional findings describing the
need to promote democracy throughout the world. The findings
note that the promotion of universal democracy constitutes a
long-term challenge that goes through unique phases and paces
in individual countries and requires the development of
democratic institutions. It also recognizes that democracy and
human rights activists are under increasing pressure from
authoritarian regimes and, in some cases, the governments of
democratic transition countries. While recognizing that
individuals, non-governmental organizations, and movements in
nondemocratic and democratic transition countries must take the
lead in making their own decisions, democratic countries have a
number of instruments to support such reformers, and must
cooperate with each other to do so.
Section 4. Statement of Policy.
This section declares that it is United States policy: To
promote freedom and democracy and to affirm fundamental
freedoms and human rights throughout the world as fundamental
components of United States foreign policy; to promote
democratic institutions, including an independent judiciary, an
independent and professional media, strong legislatures and a
thriving civil society; to provide support to individuals,
nongovernmental organizations, and movements living in
nondemocratic countries that aspire to live in freedom; to
provide political, economic, and other support to foreign
countries that are undertaking a transition to democracy; and
to strengthen cooperation with other democratic countries in
order to better promote and defend shared values and ideals.
Section 5. Definitions.
This section provides definitions for use in the act.
TITLE I--DEPARTMENT OF STATE ACTIVITIES.
Title I ensures that Department of State activities and
officers promote human rights and democracy throughout the
world as a fundamental objective of United States foreign
policy by seeking to end dictatorial and other nondemocratic
forms of governance in foreign countries through peaceful
means.
Section 101. Promotion of Democracy in Foreign Countries.
Subsection (a) amends the State Department Basic
Authorities Act by enhancing the duties of the Assistant
Secretary of State for Democracy, Human Rights, and Labor (DRL)
in democracy promotion.
Subsection (b) provides for a number of institutional
changes at the Department of State. Paragraph (1) requires that
there be at least one office in DRL responsible for working
with democratic movements and facilitating the transition of
countries to democracy, including having at least one employee
in each office specifically responsible for working with such
movements. Activists in other countries sometimes are not sure
who to contact at the Department of State to discuss democracy
and human rights issues in their countries, and this office or
offices with experts on how to help such activists will provide
a place of entry.
Paragraph (2) provides for the establishment of Democracy
Liaison Officers, as requested by the Department of State and
building on the Congressional initiative to create Democracy
hubs in foreign countries. These officers should be selected
with the concurrence of the Assistant Secretary of DRL in order
to ensure that appropriate individuals are put in those posts.
Paragraph (2) also indicates that these positions should be in
addition to, and not in replacement of, other positions. The
Committee has been concerned that the Department as part of its
Transformational Diplomacy Initiative, intends to reduce or
eliminate labor officers in posts abroad. While not objecting
to moving such posts to the countries where the need is
greatest, the Committee is concerned that eliminating such
positions would reflect the abandoning of the core consensus
that has existed since the 1980s that the promotion of
democracy includes the promotion of the freedoms of association
and organization by laborers. Subparagraph (C) makes this
direction clear.
Paragraph (3) provides that the Secretary should collect
information on the assets of leaders of non-democratic
countries. Paragraph (4) provides a sense of congress that DRL
should have three Deputy Assistant Secretaries. Paragraph (5)
provides that the Secretary shall seek to ensure that 50
percent of DRL's nonadministrative employees are members of the
Foreign Service. The Committee believes that the only way the
democracy and human rights function will become more of a
priority for the nation's diplomatic corps is to encourage a
greater number of members of the Foreign Service to serve
there.
Subsection (c) provides amendments to the Freedom
Investment Act of 2002.
Section 102. Reports.
Subsection (a) makes amendments to the Foreign Assistance
Act of 1961 that requires the Department to include in the
Country Reports on Human Rights Practices a long term strategy,
including a specific list of priorities and an action plan, for
ending serious human rights violations. Similarly, with respect
to nondemocratic and democratic transition countries, the
report must include a long term strategy to promote and achieve
a transition to full democracy and good governance, including a
specific list of priorities, an action plan and specific
responsibilities and activities for chiefs of missions to
promote democracy, and actions taken in the previous year. Such
reporting on activities in the previous year should include
reporting on the activities of the chief of mission and the
relevant mission to engage with the local media, to consult
with and support democratic reformers, and to reach out to
university students and other young people.
By requiring a long-term strategy, Congress will be able to
exercise better oversight as to how the U.S. Government intends
to develop both short-term and long-term actions to promote
democracies. This builds on the requirement in the Freedom
Investment Act of 2002 for a human rights strategy, which the
Department has implemented by the creation of the Support for
Human Rights and Democracies (SHRD) Report, originally required
by the Freedom Investment Act of 2002.
In essence, the Committee believes that the Department
should have two key human rights reports relating to democracy
and universal human rights. The first, the annual Country
Reports on Human Rights Practices, will be an official
description of the conditions in a country, developed in a
nonpolitical and factual manner; the second, the report
required by the amendments in this section, should briefly
describe the current status or situation of human rights and
democracy movements, the long-term strategy to address the
situation, programs supported by the U.S. Government to address
the situation, and the effectiveness of those programs. The
description should include what the U.S. Government has done in
the past year, as well as future goals in the context of a five
year program. The flaw in the current SHRD Report is that it
represents a catalogue of the activities that the Department
has done and does not set forth the Department's strategy and
implementation plans, nor in some instances does it link how
specific U.S. Government-supported programs address certain
serious human rights violations. Understanding that this
information may be sensitive, subsection (c) allows the
Secretary to put as much of this information as necessary in a
classified annex to the report.
The Committee expects that such strategies will be at least
5 years, allowing for focus on building democratic institutions
and not focusing on any immediately upcoming elections. While
determination of which countries to provide strategies on is
left to the Secretary, and the ``categorization'' of countries
was eliminated from the prior drafts of this legislation, the
legislation does provide guidance for which countries should
have such a strategy. It is the Committee's intention that if a
country fails to satisfy any one of the seven criteria
described in the new section 116(d) (12) (B), the Secretary
must develop such a strategy. The amendments in subsection (a)
also allow this part of the report to be transmitted separately
90 days after the submission of the Country Practices Report.
This provision builds on the report required by the Freedom
Investment Act of 2002. Subsection (b) provides a conforming
amendment and, as indicated above, subsection (c) provides for
a classified addendum in case information in the new report is
sensitive. The Committee recognizes that some information
required by this section may either endanger individuals, or
may undermine U.S. programs. Such information can be included
in the classified addendum.
Section 103. Democracy Fellowship Program.
This section, requested by the Department of State,
provides for a program to obtain additional perspectives on
democracy promotion abroad by working with appropriate
congressional committees and in nongovernmental organizations
involved in democracy promotion.
Section 104. Advisory Committee on Democracy Promotion.
This section provides that the Advisory Committee on
Democracy Promotion established by the Secretary of State,
consistent with a congressional initiative in this regard,
conduct two studies, one on democracy assistance, and the other
on personnel practices of the Department. While the Act
addresses certain democracy promotion assistance matters, the
Committee believes that the question of democracy assistance
needs further review to determine how best to improve our
assistance delivery mechanisms. Too often our assistance has
been too cautious or relies on recommendations from the field,
which at times are outstanding but are sometimes made by
officers who have little experience in democracy promotion. The
Committee hopes that such a study will provide additional
reform ideas for the Department and the Congress. Similarly,
while extensively addressing certain personnel issues, the
Committee believes additional study could also provide
additional insight into this matter. The Committee would expect
that the Department would assign some knowledgeable personnel
to the Advisory Committee to help coordinate these studies and
should strongly consider providing funding so that the Advisory
Committee can contract out these studies.
Section 105. Establishment and Maintenance of Internet Site for Global
Democracy and Human Rights.
This section directs the Secretary of State to establish
and maintain an Internet site for global democracy to
facilitate access by individuals and nongovernmental
organizations in foreign countries to documents and other media
regarding democratic principles, practices, and values, the
promotion and strengthening of democracy, and the injustices of
living in a nondemocratic country. This web site is intended to
be an address where democracy activists from around the world
can obtain information on conditions in their country in their
own language, materials on successful democracy movements and
tactics for peaceful democratic change, and links to groups
around the world that engage in similar struggles for freedom.
The web site should also include parts of other relevant human
rights reports, including translations where appropriate, such
as the annual Country Reports on Human Rights Practices, the
Annual Report on International Religious Freedom, and the
Annual Report on Trafficking in Persons.
Section 106. Programs by United States Missions in Foreign Countries
and Activities of Chiefs of Mission.
Subsection (a) directs the chief of mission in each country
designated as nondemocratic to develop a strategy to promote
democracy in the country and to provide material and visible
support to nongovernmental organizations, individuals and
movements in that country that are committed to democratic
principles, practices, and values. Subsection (b) encourages
chiefs of missions and principal officers to spend a
substantial amount of time at universities and other
institutions of higher learning for the purpose of
communicating, promoting, and defending U.S. values, purposes
and policies related to promotion of democracy. Subsection (c)
authorizes and encourages access by foreign nationals to the
premises of United States diplomatic missions in countries
categorized by the most recent Annual Report on Democracy as
either a `democratic transition country' or as `nondemocratic.'
Section 107. Training for Foreign Service Officers.
Subsection (a) amends the Foreign Service Act of 1980 to
mandate enhanced training in how to strengthen and promote
democracy for members of the Foreign Service having
responsibility for internal political developments and human
rights in foreign countries, including how to strengthen and
promote democracy through peaceful means in consultation with
individuals and nongovernmental organizations in such countries
that support democratic principles, practices, and values.
Training should include instruction, a training manual and
other materials regarding: (1) international documents and U.S.
policy regarding electoral democracy and respect for human
rights, including trafficking in persons; (2) U.S. policy
regarding the promotion and strengthening of democracy around
the world, with particular emphasis on the transition to
democracy in nondemocratic countries; (3) ways to provide
technical, financial, and other support to individuals
(including expatriated citizens) and nongovernmental
organizations in such country that support democratic
principles, practices, and values; and (4) the protection of
internationally recognized human rights, including the
protection of religious freedom and preventing slavery and
trafficking in persons.
Such instruction may include: conducting discussions with
the leaders of such country regarding a transition to full
democracy, political, social, and economic freedoms, United
States policy to promote democracy in foreign countries, and
the possibility that such leaders might voluntarily cede power;
how to conduct discussions with the students and young people
of such country regarding a transition to full democracy, and
political, social, and economic freedoms, and United States
policy to promote democracy in foreign countries; the methods
of nonviolent action and the most effective manner to share
such information with individuals and nongovernmental
organizations in such country that support democratic
principles, practices, and values; and the investigation and
documentation of violations of internationally-recognized human
rights in coordination with nongovernmental human rights
organizations, violations of religious freedom, and government-
tolerated or condoned trafficking in persons that occur in such
country.
The Committee understands that certain training courses do
include some human rights training. However, the Committee
understands that the scope and consistency of such training is
sometimes lacking, suggesting that this requirement is overdue.
Subsection (b) authorizes this training for members of the
Civil Service having similar responsibilities. Subsection (c)
authorizes appropriations as may be necessary to develop
appropriate programs and materials necessary to accomplish the
mandatory training. Subsection (d) makes clerical amendments to
the Foreign Service Act of 1980. Subsection (e) provides for a
one-time report on how this section is being implemented.
Section 108. Performance Pay; Promotions; Foreign Service Awards.
Subsection (a) enables meritorious or distinguished service
in the promotion of democracy in foreign countries to be a
basis for awarding performance pay to Foreign Service Officers.
Subsection (b) makes evaluation of an officer's promotion of
democracy in foreign countries a basis for promotion in the
Foreign Service. Subsection (c) requires that the Secretary
shall prescribe regulations regarding the implementation of
subsections (a) and (b). Subsection (d) authorizes Foreign
Service awards in the instance of distinguished or meritorious
service in the promotion of democracy, including contact with
and support of individuals and nongovernmental organizations
that promote democracy in countries designated as nondemocratic
in the most recent Annual Report on Democracy.
Section 109. Appointments.
This section requires that Chiefs of Mission assigned to
countries designated as nondemocratic should possess clearly
demonstrated competence in and commitment to the promotion of
democracy, including competence in promoting democracy to
students and young people.
TITLE II--COOPERATION WITH OTHER DEMOCRATIC COUNTRIES.
Title II recognizes that the United States' efforts to
strengthen and promote democracy in nondemocratic countries are
best conducted in cooperation with other democratic countries.
Section 201. Cooperation with Other Democratic Countries.
Subsection (a) expresses congressional findings that it is
in the national security interest of the United States to forge
alliances with democratic countries to promote democracy and
protect fundamental freedoms around the world. Subsection (b)
establishes the purposes of Title II as encouraging cooperation
between democratic countries through new ways of forging
alliances with democratic countries that promote and protect
democratic principles, practices, and values. Subsection (c)
expresses the sense of Congress that any nondemocratic country
should not participate in any alliance of democratic countries.
Section 202. Strengthening the Community of Democracies.
Subsection (a) expresses the sense of Congress that the
Community of Democracies should establish a more formal
mechanism for carrying out work between ministerial meetings,
such as through the creation of a permanent secretariat with an
appropriate staff and should establish a headquarters.
Subsection (b) authorizes the Secretary to detail personnel to
such a secretariat or any country that is a member of the
Convening Group of the Community of Democracies. Subsection (c)
expresses the sense of Congress that regional groups within the
Community of Democracies should be strengthened. Subsection (d)
urges the President to assist Hungary and other European
countries to establish a Democracy Transition Center, including
providing grants or voluntary contributions to develop, adopt,
and pursue programs and campaigns to promote the peaceful
transition to democracy in non-democratic countries. It also
authorizes $3,000,000 over the next three fiscal years toward
the assessment of the United States for the establishment of
the Democracy Transition Center.
Section 203. Initiatives at the United Nations.
Consistent with the findings in the Intelligence Reform and
Terrorism Prevention Act of 2004, subsection (a) expresses that
it is the sense of Congress that the United States should
continue to support a Democracy Caucus at the United Nations
and that the creation of a Democracy Caucus in other
international institutions will not only improve internal
governance but will also strengthen the implementation of
commitments regarding democracy and human rights at such
organizations.
Subsection (b) expresses the sense of Congress that the
United States should continue to contribute to and work with
other countries to enhance the goals and work of the UN
Democracy Fund. It also authorizes such sums as may be
necessary for a United States Contribution to such fund for
each of the fiscal years 2008 and 2009.
TITLE III--FUNDING FOR PROMOTION OF DEMOCRACY.
Title III authorizes appropriations to nongovernmental
organizations and individuals working to transition
nondemocratic countries to democracy.
Section 301. Policy.
This section makes it the policy of the United States to
provide financial assistance to qualified nongovernmental
organizations and individuals for the purpose of promoting
democracy in countries categorized as nondemocratic in the most
recent Annual Report on Democracy.
Section 302. Human Rights and Democracy Fund.
This section states that it is the sense of congress that
the Human Rights and Democracy Fund (HRDF), established
pursuant to the Freedom Investment Act of 2002, should continue
to be used for innovative approaches to promoting democracy and
human rights and to support the strategies developed in
nondemocratic and democratic transition countries as required
by the amendments in section 102(a) (1). The HRDF provides
critical support for unique projects that promote democracy and
human rights in foreign countries of special significance to
the United States. The Committee notes that under the
Department's new Strategic Framework for Foreign Assistance,
the HRDF may be programmed for each country, effectively
reducing the independence of the HRDF and constraining it from
exploiting emerging opportunities. The Committee strongly
believes that the HRDF should remain a flexible instrument and
that there should be reserves to exploit such opportunities. In
this connection, a number of members of the Committee are
concerned that under the new strategic framework for foreign
assistance, the Director of Foreign Assistance may be directing
specific country-by-country programming for the HRDF. The
Committee strongly believes that such programming could
undermine the HRDF's flexibility and widespread support for the
program.
For example, the Committee strongly urges that the
Department through the HRDF or through other democracy
assistance programming should affirmatively seek out and offer
significant support to technologies capable of defeating the
ability of nondemocratic governments to target and undermine
democratic reformers by monitoring or censoring the internet.
In the Committee's view, technologies that have been
successfully field tested, are adaptable for use in different
countries, have demonstrated the capacity to survive in a
hostile environment, can support not only web sites but other
methods of internet communication such as emails, instant
messaging, and video streaming, and can provide a safe
environment which is difficult to monitor for services such as
web portals, search engines and blogs do not fall into the
ambit of any one country program but are critical to the
success of global democracy and human rights activities; in the
Committee's view, the free exchange of information and
communication are essential tools to advance the spread of
democracy in the 21st century. Further, the need for such
support has been made all the more critical by recent
initiatives mounted by such nondemocratic governments as the
governments of Cuba, China and Russia to escalate their current
efforts to prevent the internet from being used by individuals
that advocate for human rights and democracy and to engage in
greatly enhanced criminally prosecutions of persons engaged in
free use of the internet.
Subsection (b) authorizes funds from the Human Rights and
Democracy Fund to be made to qualified nongovernmental
organizations and individuals in foreign countries
notwithstanding any other provision of law. Subsection (c)
requires the Assistant Secretary of State for Democracy, Human
Rights, and Labor to submit at the end of each fiscal year to
the appropriate Congressional Committees an annual report on
the status of the Human Rights and Democracy Fund, which
includes: An identification of each organization or individual
receiving assistance; a summary of the activities of each
recipient; an account of projects funded and outside
contributions received; and a balance sheet of income and
outlays. Subsection (d) authorizes appropriations to the Human
Rights and Democracy Fund of $50,000,000 for fiscal year 2008
and $60,000,000 for fiscal year 2009. It also authorizes that
funds may be used for administrative expenses and that the HRDF
can receive funds from other sources.
Section 303. Instruments for Providing for Democracy Assistance.
This section addresses the issue of different instruments
for delivering U.S. democracy assistance. U.S non-governmental
organizations, such as the National Democratic Institute, the
International Republican Institute, the Solidarity Center, and
the Center for Individual and Private Enterprise, routinely
retain staff for long periods of time and therefore develop
long-term relationships with democratic reformers, building up
a level of trust that leads to more constructive cooperation.
This is particularly true in the areas of civil society,
political parties, and the development of political skills by
members of parliament. In addition, because these organizations
have sources of funds outside the U.S. Government, they can
continue relationships with such reformers even if U.S.
Government funding becomes disrupted. Finally, supporting non-
governmental organizations can often distance the United States
from assistance, allowing some reformers to work with U.S.
nongovernmental organizations when they would not work directly
with the United States because of domestic political factors.
Private sector for-profit enterprises have comparative
advantages in other areas of democracy promotion. Where the
U.S. is working directly with a foreign government in fostering
the independence of the judiciary, providing modern
infrastructure for parliaments, and increasing the capacity of
executive auditing functions to create greater transparency,
for-profit enterprises can often bring critical expertise where
long-term relationships are less important. It is critical that
such enterprises remain involved but that their use is
channeled to areas where they can perform best. However,
because much program design is going on in the field, officers
with less experience in these distinctions do not have a sense
when each such mechanism is most efficient.
Subsection (a) provides findings reflecting the Committee's
views described above. Subsection (b) provides that the
Secretary of State and the Administrator of USAID should
develop guidelines, in consultation with the appropriate
committees of Congress, and building on existing guidelines, to
clarify the appropriate roles for non-governmental
organizations and contractors with respect to democracy
assistance.
TITLE IV--PRESIDENTIAL ACTIONS.
Section 401. Investigation of Violations of International Humanitarian
Law.
This section requires the President to collect information
regarding incidents that may constitute crimes against humanity
and report annually to the appropriate Congressional Committees
any information collected. It requires that the President
consider what actions he can take to hold such individuals
accountable, including enhancing the capacity of U.S.
diplomatic missions to implement restrictions on assistance to
individuals and entities that commit gross violations of U.S.
law (such as the so-called Leahy Amendment), such as through
training on the use of existing databases for documenting and
monitoring such violations.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 1 OF THE STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956
ORGANIZATION OF THE DEPARTMENT OF STATE
Section 1. (a) * * *
* * * * * * *
(c) Assistant Secretaries.--
(1) * * *
(2) Assistant secretary of state for democracy,
human rights, and labor.--(A) There shall be in the
Department of State an Assistant Secretary of State for
Democracy, Human Rights, and Labor who shall be
responsible to the Secretary of State for matters
pertaining to human rights and humanitarian affairs
(including matters relating to prisoners of war and
members of the United States Armed Forces missing in
action) in the conduct of foreign policy and such other
related duties as the Secretary may from time to time
designate. The Assistant Secretary of State for
Democracy, Human Rights, and Labor shall also be
responsible for matters relating to the transition to
and development of democracy in nondemocratic
countries, including promoting and strengthening the
development of democracy in foreign countries that are
in the early stages of a transition to democracy and
evaluating the effectiveness of United States programs
that promote democracy. The Secretary of State shall
carry out the Secretary's responsibility under section
502B of the Foreign Assistance Act of 1961 through the
Assistant Secretary.
* * * * * * *
----------
FREEDOM INVESTMENT ACT OF 2002
Subtitle E--Freedom Investment Act of 2002
SEC. 661. SHORT TITLE.
This subtitle may be cited as the ``Freedom Investment Act
of 2002''.
* * * * * * *
SEC. 663. HUMAN RIGHTS ACTIVITIES AT THE DEPARTMENT OF STATE.
(a) Increasing Resources and Importance of Human Rights.--
It is the sense of Congress that--
(1) the budget for the Bureau of Democracy, Human
Rights, and Labor for fiscal years 2003 and 2004 should
be substantially increased so that beginning in fiscal
year 2005, and each fiscal year thereafter, not less
than 1 percent of the amounts made available to the
Department under the heading ``Diplomatic and Consular
Programs'', other than amounts made available for
worldwide security upgrades and information resource
management, should be made available for salaries and
expenses of the Bureau of Democracy, Human Rights, and
Labor; [and]
(2) any assignment of an individual to a political
officer position at a United States mission abroad that
has the primary responsibility for [monitoring human
rights developments in a foreign country should be made
upon the recommendation] monitoring and promoting
democracy and human rights in a foreign country should
be made after consultation with and upon the
recommendation of the Assistant Secretary of State for
Democracy, Human Rights, and Labor in conjunction with
the head of the Department's regional bureau having
primary responsibility for that country[.]; and
(3) the level of seniority of any such political
officer should be in direct relationship to the
severity of the problems associated with the
establishment of full democracy and respect for human
rights in such country.
* * * * * * *
SEC. 665. REPORTS ON ACTIONS TAKEN BY THE UNITED STATES TO ENCOURAGE
RESPECT FOR HUMAN RIGHTS.
(a) * * *
* * * * * * *
(c) Separate Report.--The information to be included in the
report required by sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 pursuant to the amendments made by
subsections (a) and (b) may be submitted by the Secretary as a
separate report. [If the Secretary elects to submit such
information as a separate report, such report shall be
submitted not later than 30 days after the date of submission
of the report required by section 116(d) and 502B(b) of the
Foreign Assistance Act of 1961.]
* * * * * * *
----------
FOREIGN ASSISTANCE ACT OF 1961
* * * * * * *
PART I
CHAPTER 1--Policy; Development Assistance Authorizations
* * * * * * *
Sec. 116. Human Rights.--(a) * * *
* * * * * * *
(d) The Secretary of State shall transmit to the Speaker of
the House of Representatives and the Committee on Foreign
Relations of the Senate, by February 25 of each year, a full
and complete report regarding--
(1) * * *
* * * * * * *
[(10) for each country with respect to which the
report indicates that extrajudicial killings, torture,
or other serious violations of human rights have
occurred in the country, the extent to which the United
States has taken or will take action to encourage an
end to such practices in the country; and]
[(11)] (10)(A) wherever applicable, a description
of the nature and extent--
(i) * * *
* * * * * * *
(C) such other information related to the use by
such government of individuals under the age of 18 as
soldiers, as determined to be appropriate by the
Secretary[.]; and
(11) for each country with respect to which the
report indicates that extrajudicial killings, torture,
or other serious violations of human rights have
occurred in the country, a long term strategy,
including a specific list of priorities and an action
plan, to end such practices in the country, and any
actions taken in the previous year to end such
practices; and
(12)(A) a long term strategy to promote and achieve
a transition to full democracy and good governance in
each country described in subparagraph (B), developed
following consultations with nongovernmental
organizations, individuals, and movements that promote
democratic principles, practices, and values in each
such country, including a specific list of priorities,
an action plan, and specific responsibilities and
activities for chiefs of missions to promote democracy,
and any actions taken in the previous year to advance
such transition.
(B) The countries referred to in subparagraph (A)
shall include any country which is not governed by a
fully functioning democratic form of government, as
determined by the Secretary, taking into account the
general consensus regarding the status of civil and
political rights in a country by major nongovernmental
organizations that conduct assessments of such
conditions in countries and whether any such country
fails to satisfy the following requirements--
(i) all citizens of such county have the
right to, and are not restricted in practice
from, fully and freely participating in the
political life of such country regardless of
gender, race, language, religion, or beliefs;
(ii) the national legislative body of such
country and, if directly elected, the head of
government of such country, are chosen by free,
fair, open, and periodic elections, by
universal and equal suffrage, and by secret
ballot;
(iii) more than one political party in such
country has candidates who seek elected office
at the national level and such parties are not
restricted in their political activities or
their process for selecting such candidates,
except for reasonable administrative
requirements commonly applied in countries
categorized as fully democratic;
(iv) all citizens in such country have a
right to, and are not restricted in practice
from, fully exercising the freedoms of thought,
conscience, belief, peaceful assembly and
association, speech, opinion, and expression,
and such country has a free, independent, and
pluralistic media;
(v) the current government of such country
did not come to power in a manner contrary to
the rule of law;
(vi) such country possesses an independent
judiciary and the government of such country
generally respects the rule of law; and
(vii) such country does not violate other
core principles enshrined in the United Nations
Charter, the Universal Declaration of Human
Rights, the International Covenant on Civil and
Political Rights, United Nations Commission on
Human Rights Resolution 1499/57 (entitled
``Promotion of the Right to Democracy''),
United Nations General Assembly Resolution 55/
96 (entitled ``Promoting and consolidating
democracy''), the assessments used to determine
eligibility for financial assistance disbursed
from the Millennium Challenge Account, the
assessments of nongovernmental organizations of
eligibility to participate in the meetings of
the Community of Democracies, and the standards
established and adopted by the Community of
Democracies.
* * * * * * *
(g) The information required in paragraphs (11) and (12) of
subsection (d) and in the sixth sentence of section 502B(b) may
be provided as separate reports not later than 90 days after
the submission of the reports required by such sections if the
Secretary determines that it is in the national security
interests of the United States, is necessary for the safety of
individuals identified in such reports, or is necessary to
further the purposes of this Act. Any information required by
such paragraphs, including policies adopted or actions taken by
the United States, may be summarized in the report and
submitted in a classified addendum.
* * * * * * *
PART II
Chapter 1--Policy
* * * * * * *
Sec. 502B. Human Rights.--(a) * * *
(b) The Secretary of State shall transmit to the Congress,
as part of the presentation materials for security assistance
programs proposed for each fiscal year, a full and complete
report, prepared with the assistance of the Assistant Secretary
of State for Democracy, Human Rights, and Labor and with the
assistance of the Ambassador at Large for International
Religious Freedom, with respect to practices regarding the
observance of and respect for internationally recognized human
rights in each country proposed as a recipient of security
assistance. Wherever applicable, such report shall include
consolidated information regarding the commission of war
crimes, crimes against humanity, and evidence of acts that may
constitute genocide (as defined in article 2 of the Convention
on the Prevention and Punishment of the Crime of Genocide and
modified by the United States instrument of ratification to
that convention and section 2(a) of the Genocide Convention
Implementation Act of 1987). Wherever applicable, such report
shall include information on practices regarding coercion in
population control, including coerced abortion and involuntary
sterilization. Such report shall also include, wherever
applicable, information on violations of religious freedom,
including particularly severe violations of religious freedom
(as defined in section 3 of the International Religious Freedom
Act of 1998). Wherever applicable, a description of the nature
and extent of acts of anti-Semitism and anti-Semitic incitement
that occur, including the descriptions of such acts required
under section 116(d)(8). [Such report shall also include, for
each country with respect to which the report indicates that
extrajudicial killings, torture, or other serious violations of
human rights have occurred in the country, the extent to which
the United States has taken or will take action to encourage an
end to such practices in the country.] Such report shall also
include, for each nondemocratic country or democratic
transition country or country with respect to which the report
indicates that extrajudicial killings, torture, or other
serious violations of human rights have occurred in the
country, a strategy, including a specific list of priorities
and an action plan, to end such practices and to promote
democracy in the country, and any actions taken in the previous
year to promote democracy in such country or end such practices
in the country. Each report under this section shall list the
votes of each member of the United Nations Commission on Human
Rights on all country-specific and thematic resolutions voted
on at the Commission's annual session during the period covered
during the preceding year. Each report under this section shall
describe the extent to which each country has extended
protection to refugees, including the provision of first asylum
and resettlement. Each report under this section shall also
include (i) wherever applicable, a description of the nature
and extent of the compulsory recruitment and conscription of
individuals under the age of 18 by armed forces of the
government of the country, government-supported paramilitaries,
or other armed groups, the participation of such individuals in
such groups, and the nature and extent that such individuals
take a direct part in hostilities, (ii) what steps, if any,
taken by the government of the country to eliminate such
practices, and (iii) such other information related to the use
by such government of individuals under the age of 18 as
soldiers, as determined to be appropriate by the Secretary of
State. In determining whether a government falls within the
provisions of subsection (a)(3) and in the preparation of any
report or statement required under this section, consideration
shall be given to--
(1) the relevant findings of appropriate
international organizations, including nongovernmental
organizations, such as the International Committee of
the Red Cross; and
(2) the extent of cooperation by such government in
permitting an unimpeded investigation by any such
organization of alleged violations of internationally
recognized human rights.
* * * * * * *
----------
FOREIGN SERVICE ACT OF 1980
* * * * * * *
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES
* * * * * * *
Chapter 3--Appointments
Sec. 304. Appointment of Chiefs of Mission.--(a)(1) An
individual appointed or assigned to be a chief of mission
should possess clearly demonstrated competence to perform the
duties of a chief of mission, including, to the maximum extent
practicable, a useful knowledge of the principal language or
dialect of the country in which the individual is to serve, and
knowledge and understanding of the history, the culture, the
economic and political institutions, and the interests of that
country and its people. If the country in which the individual
is to serve is a nondemocratic country or a democratic
transition country as defined in section 5 of the ADVANCE
Democracy Act of 2007, the individual should possess clearly
demonstrated competence in and commitment to the promotion of
democracy, including competence in promoting democratic
principles, practices, and values, such as through regular
interaction with individuals, including students and young
people, who support and advocate such principles, practices,
and values.
* * * * * * *
Chapter 4--Compensation
* * * * * * *
Sec. 405. Performance Pay.--(a) * * *
* * * * * * *
(d) The President may grant awards of performance pay under
subsection (b)(3) on the basis of annual recommendations by the
Secretary of State of members of the Senior Foreign Service who
are nominated by their agencies as having performed especially
meritorious or distinguished service. Such service in the
promotion of internationally recognized human rights, including
the right to freedom of religion, shall serve as a basis for
granting awards under this section. Meritorious or
distinguished service in the promotion of democracy in foreign
countries, including contact with and support of individuals
and nongovernmental organizations that promote democracy in
nondemocratic countries or democratic transition countries, as
defined in section 5 of the ADVANCE Democracy Act of 2007,
shall also serve as a basis for granting awards under this
section. Recommendations by the Secretary of State under this
subsection shall be made on the basis of recommendations by
special interagency selection boards established by the
Secretary of State for the purpose of reviewing and evaluating
the nominations of agencies.
* * * * * * *
Chapter 6--Promotion and Retention
* * * * * * *
Sec. 603. Basis for Selection Board Review.--(a) * * *
(b)(1) Precepts for selection boards shall include a
description of the needs of the Service for performance
requirements, skills, and qualities, which are to be considered
in recommendations for promotion. The precepts for selection
boards responsible for recommending promotions into and within
the Senior Foreign Service shall emphasize performance which
demonstrates the strong policy formulation capabilities,
executive leadership qualities, and highly developed functional
and area expertise, which are required for the Senior Foreign
Service. The precepts for selection boards shall include,
whether the member of the Service or the member of the Senior
Foreign Service, as the case may be, has demonstrated--
(1) a willingness and ability to explain United
States policies in person and through the media when
occupying positions for which such willingness and
ability is, to any degree, an element of the member's
duties, or
(2) other experience in public diplomacy.
(2) Precepts for selection boards shall also, where
applicable, include a specific precept evaluating
whether members of the Service and members of the
Senior Foreign Service have met the standards of
performance established by the Secretary pursuant to
section 108(c) of the ADVANCE Democracy Act of 2007, or
have served in a position in which the primary
responsibility is to monitor or promote democracy or
human rights.
* * * * * * *
Sec. 614. Foreign Service Awards.--The President shall
establish a system of awards to confer appropriate recognition
of outstanding contributions to the Nation by members of the
Service. The awards system established under this section shall
provide for presentation by the President and by the Secretary
of medals or other suitable commendations for performance in
the course of or beyond the call of duty which involves
distinguished, meritorious service to the Nation, including
extraordinary valor in the face of danger to life or health.
Distinguished, meritorious service in the promotion of
internationally recognized human rights, including the right to
freedom of religion, shall serve as a basis for granting awards
under this section. Distinguished or meritorious service in the
promotion of democracy in foreign countries, including contact
with and support of individuals and nongovernmental
organizations that promote democracy in a nondemocratic country
or democratic transition country, as defined in section 5 of
the ADVANCE Democracy Act of 2007, shall also serve as a basis
for granting awards under this section.
* * * * * * *
Chapter 7--Career Development, Training, and Orientation
* * * * * * *
SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS.
[(a) The] (a) Training on Human Rights.--The Secretary of
State, with the assistance of other relevant officials, such as
the Ambassador at Large for International Religious Freedom
appointed under section 101(b) of the International Religious
Freedom Act of 1998, the Director of the Office to Monitor and
Combat Trafficking, and the director of the George P. Shultz
National Foreign Affairs Training Center, shall establish as
part of the standard training provided after January 1, 1999,
for officers of the Service, including chiefs of mission,
instruction in the field of internationally recognized human
rights. Such training shall include--
(1) * * *
* * * * * * *
[(b) The] (b) Training on Refugee Law and Religious
Persecution.--The Secretary of State shall provide sessions on
refugee law and adjudications and on religious persecution to
each individual seeking a commission as a United States
consular officer. The Secretary shall also ensure that any
member of the Service who is assigned to a position that may be
called upon to assess requests for consideration for refugee
admissions, including any consular officer, has completed
training on refugee law and refugee adjudications in addition
to the training required in this section.
(c) Training on Global Democracy Promotion.--
(1) In general.--In addition to the training
required under subsections (a) and (b), the Secretary
of State, in cooperation with other relevant officials,
including the Under Secretary of State for Democracy
and Global Affairs, and the Director of the National
Foreign Affairs Training Center of the Foreign Service
Institute of the Department of State, shall establish
as part of the training provided after December 31,
2007, for members of the Service, including all chiefs
of mission and deputy chiefs of mission, instruction in
how to strengthen and promote democracy through
peaceful means in consultation with individuals and
nongovernmental organizations that support democratic
principles, practices, and values. In particular, such
instruction shall be mandatory for members of the
Service having reporting or other responsibilities
relating to internal political developments and human
rights, including religious freedom, in nondemocratic
countries or democratic transition countries as defined
in section 5 of the ADVANCE Democracy Act of 2007,
including for chiefs of mission and deputy chiefs of
mission, and shall be completed before the time that
such member or chief of mission assumes a post (or, if
such is not practical, within the first year of
assuming such post).
(2) Contents of training.--The training required
under paragraph (1) shall include instruction, a
training manual, and other materials regarding the
following:
(A) International documents and United
States policy regarding electoral democracy and
respect for human rights.
(B) United States policy regarding the
promotion and strengthening of democracy around
the world, with particular emphasis on the
transition to democracy in nondemocratic
countries.
(C) For any member, chief of mission, or
deputy chief of mission who is to be assigned
to a nondemocratic or democratic transition
country, instruction regarding ways to promote
democracy in such country and providing
technical, financial, and other support to
individuals (including expatriated citizens)
and nongovernmental organizations in such
country that support democratic principles,
practices, and values.
(D) The protection of internationally
recognized human rights (including the
protection of religious freedom) and standards
related to such rights, provisions of United
States law related to such rights, diplomatic
tools to promote respect for such rights, the
protection of individuals who have fled their
countries due to violations of such rights
(including the role of United States diplomatic
and consular missions in providing access to
the United States Refugee Admissions Program)
and the relationship between respect for such
rights and democratic development and national
security. The Director of the National Foreign
Affairs Training Center of the Foreign Service
Institute of the Department of State shall
consult with nongovernmental organizations
involved in the protection and promotion of
such rights and the United States Commission on
International Religious Freedom (established
under section 201(a) of the International
Religious Freedom Act of 1998 (22 U.S.C.
6431(a)) in developing the training required by
this subparagraph.
* * * * * * *